These Terms and Conditions ("Terms") govern the sale of shipping containers by AMK Container Services (ABN 71 119 993 501) ("AMK Container Services", "we", "us", "our"), through this website. By placing an order with us, you agree to these Terms.
These Terms should be read together with our GST Policy, Payment Policy, Shipping Policy, Return and Refund Policy and Privacy Policy, all of which form part of the agreement between us. Where a specific figure or timeframe is stated in one of those policies (for example a delivery charge or a return period), that policy is the source for that figure; nothing in these Terms is intended to contradict it.
Nothing in these Terms excludes or restricts any statutory right that cannot legally be excluded or restricted under the Australian Consumer Law.
1. Who We Are
AMK Container Services (ABN 71 119 993 501) is an Australian business based in Kyneton, Victoria.
Business address: 77 Wedge St, Kyneton VIC 3444.
Email: info@amkcontainerservices.com
Phone: company_phone
2. Definitions
- "Consumer" means an individual buying mainly for personal use, outside of any trade, business, craft or profession.
- "Business Customer" means a customer buying wholly or mainly for business, trade or professional purposes.
- "Order" means a request to purchase one or more containers submitted through this website.
- "Container" means any shipping container or related product listed for sale on this website.
3. Products We Sell
We supply new and used shipping containers, generally ranging from 10ft to 45ft, for storage, construction, agricultural, commercial and other uses. Each product page states whether a container is new or used and describes its condition.
As explained in our Return and Refund Policy, used containers may show reasonable signs of previous use, such as minor dents, scratches, surface rust, paint wear or other cosmetic marks. These characteristics do not, by themselves, mean a container is faulty where they are consistent with its published description.
4. Product Descriptions and Images
We make reasonable efforts to describe and photograph our containers accurately. Images are provided for illustration; because many of our containers are used stock, the exact unit delivered to you may show minor variations in cosmetic condition consistent with the stated description. Colours may also vary slightly due to photography and screen display.
5. Prices and Currency
All prices are shown in Australian dollars (AUD). All prices include GST at 10%; full details are set out in our GST Policy. Delivery is charged separately in accordance with our Shipping Policy and is shown at checkout before you pay.
If we discover a genuine pricing error on the website, we will contact you before processing your order and give you the option to proceed at the corrected price or cancel for a full refund.
6. Placing an Order
Submitting an order through checkout is an offer to buy. A binding contract is formed when we accept your order, which we normally confirm by email once payment has been successfully processed. We reserve the right to decline or cancel an order – for example where a container is no longer available, where a pricing or listing error has occurred, or where fraud is suspected – in which case any payment taken will be refunded in full.
You are responsible for providing accurate order, contact and delivery information.
7. Payment
Full payment is required at the time of ordering, before your order is processed. Payment is taken securely through the methods shown at checkout. Full details are set out in our Payment Policy.
8. Delivery
We deliver to mainland Australia only. We do not deliver to Tasmania or offshore islands. Standard delivery is charged per order based on the delivery state (A$210 VIC, A$690 NSW/ACT/SA, A$990 QLD, A$1,490 WA/NT) to accessible sites within our standard delivery area; additional charges for remote locations, multiple units or special access equipment are confirmed and agreed in writing before dispatch, with estimated timeframes set out in full in our Shipping Policy.
You are responsible for ensuring your delivery site is suitable, safe and accessible for a heavy goods delivery vehicle, as described in our Shipping Policy. If a delivery cannot be completed for reasons within your control, the redelivery and rerouting fees set out in that policy will apply.
9. Risk and Ownership
Risk of loss or damage to a container passes to you at the point of delivery. Ownership of a container remains with AMK Container Services until we have received payment in full.
10. Cancellations, Returns and Refunds
In addition to your rights under the Australian Consumer Law, AMK Container Services offers a 30-day voluntary return option. Full details of return eligibility, the $460.00 AUD voluntary return collection charge, faulty or incorrectly supplied containers, and refund timing are set out in our Return and Refund Policy, which forms part of these Terms.
Nothing in these Terms limits any repair, replacement, refund or compensation right that applies to consumers under the Australian Consumer Law.
11. Faults and Statutory Rights
We take reasonable care to ensure every container matches its published description and is of acceptable quality for its stated condition (new or used). Where a container is faulty, not as described, or otherwise fails to conform to the contract, consumers are protected by the consumer guarantees under the Australian Consumer Law, including rights to a repair, replacement or refund (and, for a major failure, the right to choose a refund or replacement), as further explained in our Return and Refund Policy.
Reasonable wear, cosmetic marks or characteristics typical of a used container, where consistent with its published description, are not treated as a fault.
12. Business and Trade Customers
We supply containers to both consumers and businesses. Where an order is placed wholly or mainly for business purposes, some consumer-specific statutory protections referred to in these Terms may not apply in the same way. Business customers should review these Terms and our related policies carefully before ordering. Any statutory and contractual rights applicable to the specific transaction remain unaffected.
13. Your Responsibilities
You agree to provide accurate order and delivery information, to prepare your delivery site in line with our Shipping Policy, and to inspect your container promptly on delivery, reporting any visible issue within the timeframes described in our Return and Refund Policy.
14. Our Liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to the paragraph above, we are not liable for indirect or consequential losses that were not reasonably foreseeable to both parties at the time an order was placed. This does not affect your statutory rights as a consumer.
15. Events Outside Our Control
We will not be responsible for any delay or failure to perform our obligations where this is caused by events outside our reasonable control, including severe weather, traffic disruption, road closures, transport network disruption, vehicle breakdown, accidents or government restrictions, consistent with Section 10 of our Shipping Policy.
16. Website Use and Content
The content of this website, including text, images, logos and branding, belongs to AMK Container Services or its licensors and may not be copied, reproduced or reused without our permission, other than for your own personal, non-commercial use in connection with placing an order.
17. Privacy
Our use of your personal data is described in our Privacy Policy, which forms part of these Terms.
18. Complaints
If you are unhappy with your order, please contact us using the details in Section 21 below and we will do our best to resolve the issue. For return, refund or delivery-related issues, please also see the relevant process set out in our Return and Refund Policy and Shipping Policy.
19. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. Any dispute will be subject to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. If you are a consumer resident in another state or territory, nothing in this clause removes any mandatory consumer protection you are entitled to where you live.
20. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business or applicable law. The version of these Terms in effect when you place your order will generally apply to that order, subject to any mandatory statutory requirements.
21. Contact Us
AMK Container Services
ABN: 71 119 993 501
Email: info@amkcontainerservices.com
Phone: company_phone
Business Address: 77 Wedge St, Kyneton VIC 3444